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Untangling the Dynamics of Judicial Decision Making and Inmates' Free Exercise Claims

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The Prison Journal

Published online on

Abstract

The federal courts have played a central role in establishing important rights for inmates, including the Free Exercise of religion. However, there is little empirical research on the nexus between court decision making, inmates’ Free Exercise claims, and correctional policies/practices. This research is an attempt to understand this decision-making dynamic by using a sample of 330 federal cases from 2000 to 2007 to examine legal and nonlegal factors that are suspected to affect Free Exercise claims. Importantly, security concerns and legal precedents are among the strongest predictors of whether courts will find in favor of inmates who make Free Exercise claims.